People v. Vargas

154 A.D.2d 722
Procedural entryThis page is a short order in People v. Vargas. Read the opinion of the Court — 150 A.D.2d 513

Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Fisher, J.), rendered March 23, 1987, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We find unpersuasive the defendant’s contention that he was denied a fair trial due to five remarks made by the prosecutor in his protracted closing summation. While several objectionable comments may have exceeded the limits of propriety (see, People v De Long, 134 AD2d 199), the cumulative effect of these comments was harmless in view of the overwhelming evidence of guilt (see, People v Morgan, 66 NY2d 255; People v Roopchand, 107 AD2d 35, affd 65 NY2d 837) and the court’s prompt curative instructions, which were sufficient to dispel whatever prejudicial effect those remarks may have had (People v Gilmore, 135 AD2d 828; People. v Singleton, 109 AD2d 763). Thompson, J. P., Brown, Kunzeman and Rubin, JJ., concur.

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People v. Vargas, 154 A.D.2d 722 (N.Y. Ct. App. 1989).

154 A.D.2d 722 (People v. Vargas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Morgan
487 N.E.2d 258 (New York Court of Appeals, 1985)
People v. Roopchand
107 A.D.2d 35 (Appellate Division of the Supreme Court of New York, 1985)
People v. Singleton
109 A.D.2d 763 (Appellate Division of the Supreme Court of New York, 1985)
People v. De Long
134 A.D.2d 199 (Appellate Division of the Supreme Court of New York, 1987)
People v. Gilmore
135 A.D.2d 828 (Appellate Division of the Supreme Court of New York, 1987)